Freedom of Establishment/Provision of Services Flashcards
What is the test to decide whether the matter concerns establishment or provision of services? Case.
How stable and continuous is the activity? Gebhard.
How will the justification of public policy be interpreted? What criteria must be met? Case.
Narrowly: there must be a genuine and serious threat to a fundamental interest of society - Omega Spielhallen.
Will Art 49 TFEU have direct effect? Case.
Yes - Reyners v Belgium.
Will Art 56 TFEU have direct effect? Case.
Yes - Van Binsbergen.
Art 57 TFEU states that service is provided for remuneration. Will a free/non-commercial service be a ‘service’? Authority/Case.
No - Art 57 TFEU/SPUC v Grogan.
Will ‘services’ include services provided to a host state by internet, phone, etc? Case.
Yes - Alpine Investments.
Will the freedom to provide services include right of a service provider to provide their own workforce? Case.
Yes - VanderElst.
Will the freedom to provide services include the right of an EU citizen to use services in another Member State? Case.
Yes - Cowan v Tresor Public.
How will ‘official authority’ be interpreted for the purposes of the Art 51 TFEU derogation? Case.
Narrowly - Reyners v Belgium.
Can a public policy derogation be for purely economic reasons? Case.
No - Campus Oil.
How is a restriction of Art 49/Art 56 TFEU defined? Case.
Anything which is liable to hinder or make less attractive the exercise of fundamental freedoms - Gebhard.
Which case applied the Cassis approach to justifying indistinctly applicable measures to Art 49?
Gebhard.
Which case applied the Cassis approach to justifying indistinctly applicable measures to Art 56?
Alpine Investments.
What guidance does the BIS provide on whether an activity is a ‘service’?
Pure manufacture/sale of goods is not a service as there is no service element. However if combined with a service element, e.g. after sales, it may be.
